David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by raising skepticism over recent calls to reinvigorate the Euro-American dialogue by focusing on traditional private law and scholarship.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Olha O. Cherednychenko, Subordinating Contract Law to Fundamental Rights: Towards a Major Breakthrough or Towards Walking in Circles?
Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
William Lucy (2007). Philosophy of Private Law. Oxford University Press.
Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Added to index2009-01-28
Total downloads11 ( #251,638 of 1,780,278 )
Recent downloads (6 months)1 ( #291,765 of 1,780,278 )
How can I increase my downloads?